Text: HF02314 Text: HF02316 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 455B.200A, subsection 1, Code 2001, is
1 2 amended to read as follows:
1 3 1. The department shall issue permits for the
1 4 construction, including the expansion, of animal feeding
1 5 operation structures, including structures which are part of
1 6 confinement feeding operations, as provided by rules adopted
1 7 pursuant to section 455B.200. The department shall issue a
1 8 permit to an animal feeding operation if an application is
1 9 submitted according to procedures required by the department
1 10 and the application meets standards established by the
1 11 department, regardless of whether the animal feeding operation
1 12 is required to obtain such a permit. The department shall at
1 13 least require that a person obtain a permit for the
1 14 construction of an animal feeding operation structure that is
1 15 part of a confinement feeding operation, if the confinement
1 16 feeding operation has an animal weight capacity of four
1 17 hundred thousand pounds or more. However, the department
1 18 shall not require that a person obtain a permit for the
1 19 construction of an animal feeding operation structure if the
1 20 structure is part of a small animal feeding operation. For
1 21 purposes of this section, an animal feeding operation
1 22 structure includes a manure storage structure.
1 23 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
1 24 immediate importance, takes effect upon enactment.
1 25 EXPLANATION
1 26 This bill amends provisions in Code chapter 455B regulating
1 27 animal feeding operations by the department of natural
1 28 resources including confinement feeding operations, originally
1 29 enacted in 1995 by House File 519 (1995 Iowa Acts, ch. 195)
1 30 and amended in 1998 by House File 2494 (1998 Iowa Acts, ch.
1 31 1209). Statutes regulating animal feeding operations are
1 32 divided in two places in Code chapter 455B: division II which
1 33 regulates air quality (e.g., separation distance requirements)
1 34 and division III which regulates water quality (e.g.,
1 35 construction permit and manure management plan requirements).
2 1 The bill amends division III and specifically Code section
2 2 455B.200A that requires the department to issue a permit prior
2 3 to the construction of an animal feeding operation structure
2 4 (e.g., a building or manure storage structure) that is part of
2 5 a confinement feeding operation. A confinement feeding
2 6 operation is not required to obtain a construction permit if
2 7 it is classified as a small animal feeding operation (having
2 8 an animal weight capacity of 200,000 pounds for animals other
2 9 than bovine and 400,000 pounds for bovine). Under
2 10 departmental rule (567 IAC 65.7) a permit is generally
2 11 required if the confinement feeding operation has an animal
2 12 weight capacity of 625,000 pounds or more for animals other
2 13 than bovine or 1.6 million pounds or more for bovine. Other
2 14 rules apply to either require a permit when a confinement
2 15 feeding operation uses an aerobic or earthen structure as part
2 16 of a confinement feeding operation other than a small animal
2 17 feeding operation or raise the animal weight capacity
2 18 threshold when manure is stored on a dry matter basis (125,000
2 19 pounds or more for animals other than bovine or four million
2 20 pounds or more for bovine).
2 21 The bill requires the department to at a minimum require
2 22 that a person obtain a permit for the construction of an
2 23 animal feeding operation structure that is part of a
2 24 confinement feeding operation, if the confinement feeding
2 25 operation has an animal weight capacity of 400,000 pounds or
2 26 more. The bill does not amend the exemption for small animal
2 27 feeding operations.
2 28 Generally under Code section 455B.191, a person who
2 29 violates a provision of division III of the chapter is subject
2 30 to a civil penalty not to exceed $5,000 for each day of such
2 31 violation.
2 32 The bill takes effect upon enactment.
2 33 LSB 6247HH 79
2 34 da/sh/8
Text: HF02314 Text: HF02316 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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